Preserving Your Construction Claim

Managing performance on a construction project is difficult when everything is going smoothly. When the inevitable unexpected event occurs that impacts the planned work or sequence of work it is…

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The Power of Apology

In my experience, apologies in business or civil litigation mediation are the exception not the rule.  There may be good reasons for this but you should never underestimate the potential…

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Top Ten Construction Terms: Index

Although virtually any contract provision can impact the outcome of a dispute, most significant contract disputes are determined by how risks are allocated in a small set of clauses, our…

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Power in Negotiation

Benjamin Franklin is credited with saying that "Necessity never made a good bargain!" In his wonderful book, Practical Negotiating, Tom Gosselin contends that "In negotiating, power is a function of…

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